Permissibility of giving the needy sons what they need from the one third
After studying the Fatwa request and the will, the Committee found that the inquirer is asking about the following: His deceased father had five minor children; three sons and two daughters. The total of their shares in the inheritance was 131,250 riyals represented in (Part No. 16; Page No. 416) a land in
One-third of the father's property was dedicated as Waqf (endowment) and put in a store in
which is rented for 13,000 riyals. Is it permissible to spend the leftover rent on the needs of the minor children or distribute it among the minor and adult ones according to the legal share of each? After reviewing the attached copy of the will, which was endorsed by the judge of Al-Artawiyyah, dated 26/11/1373 AH, we found this statement: If any of the children is in need, then spending the profit of the Waqf on their sustenance takes precedence over spending it on the Ud-hiyah (sacrificial animal offered by non-pilgrims).
A: After studying the Fatwa request and the above-mentioned statement in the copy of the will, the Committee answered:
Since the testator said, "If any of the children is in need, then spending the profit of the Waqf on their sustenance takes precedence over spending it on the Ud-hiyah", therefore
if any of the children, whether old or young, male or female, needs money, they can take what meets their needs from the profit of the Waqf, even if this means spending the whole profit on this purpose. The most important need is to take priority, then the less important and so on. Whenever the need is fulfilled, one is no longer entitled to receive the profit. It is worth mentioning that repairing the store, in case it needs repair, takes the highest priority. The agreement was concluded accordingly. (Part No. 16; Page No. 417) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.